Mistress of Justice

"Well, wouldn't that be convenient, to have the note disappear just now?" the Hanover lawyer said. "Especially since we intend to call into question certain aspects of the execution of the note."

Reece gave a bitter laugh. "Let me get this right – you're saying that you gladly took my client's money but now you're not sure they executed the loan agreement correctly so you don't have to pay it back?"

"Our thinking is that the bank tried to give itself an out because interest rates turned and they want to invest the capital elsewhere."

"Your client missed six months of interest payments, " Reece said, raising his voice just loud enough for the jury to hear. "How exactly – '

"Was I not making myself goddamn clear? No bickering, no fucking comments on the merits of the case in a bench conference. Now, Mr. Reece, this is very unusual. A suit on a note, especially a negotiable note, requires the original document. Under the best-evidence rule if you can't explain the note's destruction, you're precluded from entering a copy into evidence."

Reece said calmly, "I'd like to make a motion to submit other evidence of the existence of the note."

"Your honor," opposing counsel said, "I would point out that it is Mr. Recce's client that sued on the note it alleges is properly executed. It is his responsibility to present that note. A copy won't show that there's been tampering on the part of Mr. Reece's client."

Reece countered, "Your honor, it is very important that the administration of justice not get bogged down in technicalities. The note is merely evidence of the debt owed – and remaining unpaid, I should point out – by Hanover & Stiver. It is true that the best-evidence rule generally requires the original but there are exceptions. We're all familiar with the rules of civil procedure, I'm sure."

"But this isn't a bill of sale, Mr. Reece," the judge said. "It's a negotiable instrument worth hundreds of millions of dollars."

"With all due respect to Mr. Reece," the Hanover lawyer said, "I am reminded of a case once in which a similar claim of a missing note was made and it turned out that the document in question had been sold by the bank to a third party. I would never suggest that New Amsterdam Bank was guilty of such wrongdoing but we can't take that chance."

Reece walked to the counsel table and returned with some documents. He handed one copy to the lawyer and one to the judge. "Motion papers I move to allow the introduction of secondary evidence of the note I've briefed the issue in here. If you would like to recess for twenty-four hours to allow my opponent here to respond -"

"No more delays," the judge snapped. "This case has fucked up my calendar enough."

The other lawyer shook his head. "You lost the note, Reece, I'm ready for trial. Your honor, I move for a directed verdict in my client's favor."

The judge flipped through the lengthy brief that Reece had prepared then lifted an impressed eyebrow. "Good work, Mr. Reece Brilliant analysis." Then he tossed the brief aside. "But it doesn't cut it. No secondary evidence will be allowed."

Reece's heart sank.

"On the other hand, I won't grant a directed verdict for Hanover. What I will do is grant a motion to dismiss without prejudice. That will allow Mr. Reece to bring his case in the future. However, given the nature of defendant's financial condition, I doubt they'll have much money for your client to collect, Mr. Reece. You'd better talk to your malpractice earner. I think your client may look to you for restitution in this matter. And that's to the tune of two hundred and fifty million dollars."

The opposing counsel began the formalities. "Your honor, I move for dismissal of -"

"Mitchell!" a woman's voice called from the back of the courtroom.

The judge looked up, glaring at the intrusion. Everyone in the gallery and the jury box swiveled to watch Taylor Lockwood hurry down the aisle.

"It's customary to ask permission before shouting in my courtroom, young lady," the judge snapped sarcastically.

"Forgive me, sir I need to speak to plaintiff's counsel for a moment."

Hanover's lawyer said, "Your honor, I -"

The judge waved him silent and nodded Taylor forward.

CHAPTER TWENTY-EIGHT

"I am sorry, your honor," Taylor Lockwood said.

Judges were public servants, catering to the will of the people, but as her father had reminded from a young age, you could never be too deferential to jurists or, as he put it even to grade-school, Taylor, you could never kiss too much judicial ass.

She walked to Reece and handed him an envelope. Inside was the promissory note, looking as mundane and matter-of-fact as the copy he'd showed her at their first meeting.

Mitchell Reece took out the document and exhaled slowly.

"Your honor, at this time the plaintiff would like to introduce Exhibit A." He handed it to the opposing counsel, who looked at Taylor with a gaze of distilled hate. "No objection." He returned the note to Reece's unsteady hands.

Reece walked back to his favorite space, in front of the jury box. "Your honor, before continuing with my case, I first must apologize to the court and to the jury for this delay." He smiled contritely. The six men and women smiled or nodded back and forgave him, the interruption had added an element of drama to the case.

"Fine, fine, Mr. Reece, let's move this along," the judge grumbled, his chances for a fast escape to golf or te

"One moment, your honor." The Hanover & Stiver attorney bent toward one of his clients, probably Lloyd Hanover, Taylor guessed, to judge from his slick, ta

The judge gestured them up. The defense lawyer said, "Your honor, my clients would like to present a settlement offer to the plaintiff."

The judge lifted an eyebrow to Reece. Taylor's father had also taught his daughter that settlement was the Holy Grail of judges. Burdened by an endless workload, they infinitely preferred the parties' agreeing to work out their differences rather than slugging it out at trial. The judge might even be able to get in nine holes today.

"We'll entertain it," Reece said stiffly.

The lawyer moved closer to Reece and whispered, "Look, you can get a judgment entered for the face value of the note plus interest but there's no way there'll be enough cash left in the company to collect that much by the time you enforce it. Not to mention your legal fees' eating up a lot of the rest."

"A number," Reece said. "Just give me a number."

The judge. "Give him a number."

"Sixty-five cents on the dollar."

Reece said, "Eighty cents on the dollar US cash, not negotiable instruments or assets or tangible property, even gold."

"We're trying to be cooperative. But we have to be realistic," Hanover's lawyer said. Then he added ominously, "The money just won't be there in a few months."

"Then we'll just have to go a-lookin'," Reece said cheerfully. "Now, Lloyd Hanover personally guaranteed the debt. I'm ready to interrogate – excuse me, depose – every one of his relatives and every business associate of his for the past ten years to find out where he hid the money."

"He didn't hide -"

"We'll look into every deal he's ever been involved in, every charity he ever gave money to, his kid's college funds."

"He's completely i

Reece shrugged. "Dismissal without prejudice. Eighty cents on the dollar. Cash. And we close within one week. If not, then Lloyd Hanover and everybody he's ever known won't have a minute's peace."

The lawyer held his eye for a moment and strode back to his client, who listened, gave a searing look to Reece then whispered something to the lawyer.